NDA Independent Assessment of Implementation of the National Disability Inclusion Strategy for 2020 March 2021
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NDA Independent Assessment of Implementation
of the National Disability Inclusion Strategy for
2020
March 2021
1Table of Contents
Introduction ................................................................................................... 5
Overview of progress and delays in 2020 ................................................... 8
Theme 1: Equality ....................................................................................... 16
Theme 2: Joined up policies and public services ..................................... 26
Theme 3: Education ................................................................................... 30
Theme 4: Employment .............................................................................. 35
Theme 5: Health and well-being ............................................................... 40
Theme 6: Person-Centred disability services .......................................... 44
Theme 7: Living in the community .......................................................... 49
Theme 8: Transport and accessible places .............................................. 51
New Actions under the revised NDIS ...................................................... 55
Summary and Conclusion .......................................................................... 57
2List of Acronyms
AIM Access and Inclusion Model
CAMHS Child and Adolescent Mental Health Services
CES Comprehensive Employment Strategy for People with Disabilities
CHO Community Healthcare Organisation
CSO Central Statistics Office
DCC Department Consultative Committee
DCEDIY Department of Children, Equality, Disability, Inclusion and Youth
DFHERIS Department of Further and Higher Education, Research, Innovation
and Science
DHLGH Department of Housing, Local Government and Heritage
DOE Department of Education
DOH Department of Health
DOJ Department of Justice and Equality
DSP Department of Employment Affairs and Social Protection
DSS Decision Support Service
ECCE Early Childhood Care and Education
FET Further Education and Training
HIQA Health Information and Quality Authority
HSE Health Service Executive
IHREC Irish Human Rights and Equality Commission
MHC Mental Health Commission
NAS National Advocacy Service
NCCA National Council for Curriculum Assessment
3NCSE National Council for Special Education
NDA National Disability Authority
NDIS National Disability Inclusion Strategy
NDISSG National Disability Inclusion Strategy Steering Group
NRH National Rehabilitation Hospital
NTA National Transport Authority
SLIS Sign Language Interpreting Service
UD Universal Design
UNCRPD United Nations Convention on the Rights of Persons with
Disabilities
YESS Youth Employment Support Scheme
4Introduction
The National Disability Authority (NDA), as the independent statutory body,
provides information and evidence informed advice to the Government on policy
and practice relevant to the lives of persons with disabilities, and has a role to
promote Universal Design through its Centre for Excellence in Universal Design
(CEUD). We have a duty to assist the Minister for Children, Equality, Disability,
Integration and Youth and relevant officials in the co-ordination of disability
policy.
The National Disability Inclusion Strategy 2017-2021 (NDIS) is a whole-of-
government approach to improving the lives of persons with disabilities. It
therefore provides a significant framework for all activity across government
departments and agencies which can support progress in delivering on the
obligations in the United Nations Convention on the Rights of Persons with
Disabilities (UNCRPD), which was ratified in March 2018.
The Department of Children, Equality, Disability, Integration and Youth is the
coordinating body for the NDIS (as of October 2020). The NDA works to
support implementation of the strategy through our continued independent
advice delivered through direct engagement with the departments and agencies
concerned, our contributions through working groups and committees, our
research and policy work and data gathering and analysis. The NDA also
independently monitors and evaluates progress in the implementation of
committed actions in terms of outputs each year and of impact over the lifetime
of the Strategy.
This report is the third independent assessment prepared by NDA since the
NDIS was launched in July 2017. The first assessment by NDA published in Q1
2019 covered an 18-month period up to end 2018. The second, published in Q2
2020 covered a 12-month period, from January-December 2019. The current
review covers progress made on actions in 2020, noting that a revised version of
the Strategy was adopted by the Minister of State with responsibility for Disability
in March 2020, following a mid-term review. This revised version of the Strategy
includes 20 new actions, 35 modified actions and 9 completed actions. The
progress of these actions will be assessed for the first time in this paper. Prior to
the mid-term review, there were 114 actions contained in the Strategy. Between
the new, modified and removed actions, there are now 125 actions.
The NDA’s assessment does not provide a detailed analysis of each of the 125
actions within the revised Strategy but instead focuses on broader areas or
themes, drawing on actions relevant to those themes noting those are areas
where further focus and commitment may be required. The departmental
5reports, collated by Department of Children, Equality, Disability, Integration and
Youth in September 2020 offer a breakdown of progress at the level of individual
actions as reported by officials. The NDA has considered the information in
those reports in preparation of this assessment. However, the NDA also draws
information from its own work, as well as updates and discussions at
Departmental Disability Consultative Committees and the NDISSG, from inputs
by the DSG, and from our wider activities and experience across the disability
landscape. The NDA also draws on learning from our ongoing engagement with a
range of stakeholders including persons with disabilities, particularly through
participation on a range of working and advisory groups across Government
Departments on areas related to NDIS actions.
The report structure offers an initial summary of some key highlights in 2020 and
a summary of areas in which progress was slow in 2020, and then offers a more
detailed analysis of progress under the eight thematic priorities within the NDIS
in the second part of the paper. The eight thematic priorities areas are:
1. Equality and choice
2. Joined up policies and public services
3. Education
4. Employment
5. Health and well-being
6. Person-centred disability services
7. Living in the community
8. Transport and accessible places
The Department has committed to updating the actions and the responsible
bodies, to take into account the mid-term review and the transfer of functions
between different departments following the 2020 General Election, although this
updated version has not yet been published. This assessment will look at the
progress of the departments named as original responsible bodies for the actions,
but it does indicate where the responsibility for the action has transferred in
recent months. This is mostly the case for NDIS and UNCRPD coordinating
actions that have transferred from the Department of Justice and Equality to the
Department of Children, Equality, Disability, Integration and Youth (DCEDIY).
6Mid-Term Review of Progress under the National Disability
Inclusion Strategy Indicators
To coincide with the mid-term review of the NDIS, the NDA published a Mid-
Term Review of Progress under the NDIS Indicators in April 2020. 1 These
indicators were developed by the NDA in consultation with a number of
stakeholders during 2017 and 2018 and were adopted by the NDIS Steering
Group in 2018.
The review provides a mid-term analysis of the status of the suite of indicators
for the NDIS, and presents information on 61 indicators across the eight NDIS
themes. The indicators are categorised as being either structural (13%), process
(67%) or outcome (20%) indicators. Most indicators use publicly available data
sources such as from the Central Statistics Office. The analysis has shown areas
of progress in reaching the aims of the NDIS strategy and areas in need of
improvement.
This report will feature some high level findings from the Indicators Report, as it
assesses each of the eight themes.
Modified and removed actions will be considered in the context of the eight
themes. Any of the new actions that have not yet been housed under one of the
eight themes will be assessed in a standalone section later on in the document.
COVID-19
It is important to highlight the extent to which the COVID-19 pandemic has
impacted the lives of persons with disabilities. This impact has been felt in the
increased unemployment for those working in sectors vulnerable to restrictions;
the closure or reduced capacity of day and respite services; the gaps in
educational provision for children with disabilities; the reduced or delayed access
to non-COVID health interventions; and the increased isolation for persons with
disabilities. The NDA emphasises the importance of persons with disabilities
being considered as part of any recovery from the current crisis. The NDA has
previously made submissions to government highlighting the impact of COVID-19
on persons with disabilities under the headings above.
The NDA has also written to the Minister for Health to advise that persons with
disabilities are given due consideration in the roll-out of vaccines and to the
1 http://nda.ie/publications/justice-and-safeguarding/national-disability-inclusion-strategy/mid-
term-review-of-progress-under-the-national-disability-inclusion-strategy-indicators.html
7Minister for Education to advise on the importance of school reopening for
children with special educational needs in all types of school settings.
The NDA recognises that the pandemic has brought additional challenges and
delays to implementation of some commitments under the NDIS. However,
there has also been learning and opportunities to explore new ways of working
that could inform future direction for disability services and supports. The NDA
has recently begun to collect examples of good practice of innovations and
adaptations to disability services and supports, which have allowed users to
continue accessing those supports and services during the pandemic.
Overview of progress and delays in 2020
Areas of progress in 2020
Some of the areas where work has been completed or progressed in line with
stated actions in the NDIS over the course of 2020 include:
• Following the General Election in 2020, a new Department was created
(DCEDIY), which featured ‘disability’ in the title of a Government
Department for the first time. This is turn created a senior Minister whose
title also features ‘disability’. The role of a Minister of State with
responsibility for disability has been retained. The NDA welcomes the
importance put on disability with this Department formation, but
reiterates that a whole-of-government approach is still required in respect
of disability and reminds all Departments that they continue to have
committed actions within the NDIS. In addition, all Departments and
public bodies have obligations to ensure their services are accessible to
persons with disabilities as well as persons without, as specified under
sections 26 and 27 of the Disability Act 2005.
• A new role of Minister of State with responsibility for special education
and inclusion was created.
• A mid-term review of the NDIS, which was committed to both in the
foreword of the original Strategy and in Action 32, was carried out. The
review examined the progress made up until late 2019, and explored
whether the existing actions were fit for purpose or needed to be
modified and updated. Consultations took place with relevant
stakeholders, including the Disability Stakeholders Group, disability
organisations and individuals with disabilities. A revised Strategy was
adopted by Cabinet in early 2020.
8• By the end of 2020, a first draft of the initial State Report under the UN
Convention on the Rights of Persons with Disabilities was drafted by
DCEDIY, in close cooperation with all relevant Government Departments,
and supported by information and statistics gathered by the NDA. A public
consultation process began in December 2020, to gather the views of
relevant stakeholders, particularly persons with disabilities in respect of
the report, prior to its submission to the Committee on the Rights of
Persons with Disabilities in 2021.
• The Disability Participation and Consultation Network was established.
This three-tier network, made up of Disabled Persons’ Organisations,
disability organisations and individuals with disabilities, will provide a
channel for involving persons with disabilities meaningfully in the
development of policy and legislation, in line with the requirements of the
UN Convention on the Rights of Persons with Disabilities (UNCRPD).
Their first task is to lead consultations on the State Party report as
described above.
• The NDA notes that throughout 2020, Departments have demonstrated
increased awareness of the Convention. This has been evident through the
degree of engagement with DCEDIY in respect of the draft State Report,
and with the NDISSG, where UNCRPD features at each meeting,
• The EU Web Accessibility Directive was transposed into Irish law in
September 2020, although the NDA notes that awareness of its provisions
is currently low across the Irish public sector. This Directive, which was
passed down by the European Union in 2016, requires public bodies to
ensure their websites and apps are accessible to persons with
disabilities. The NDA will have a monitoring role in respect of the
Directive’s implementation in Ireland.
• The Decision Support Service, the regulatory body set up under the
Assisted Decision-Making (Capacity) Act 2015, has been established since
2017 but is not yet operationalised. In Budget 2021, the Decision Support
Service received additional funding required to develop the body so that it
will be in a position to begin the implementation and regulation of the
legislation once it is commenced.
• The National Council for Special Education (NCSE) have commissioned
research on post-school education and learning destinations for adults
with special educational needs, in order to enhance understanding of the
landscape for learners with special education needs. It will provide further
information on the training and education destination of school leavers and
9why such options were chosen. The work for this research has been
postponed with the closure of schools and will now be completed in 2023.
• Sharing the Vision- A Mental Health Policy for Everyone, the successor to
Vision for Change, was launched in June 2020. It incorporates new
recommendations as appropriate to enhance national policy, while
simultaneously aligning with the ten-year vision for reform and
transformation of Ireland’s health and social care services encapsulated in
the Sláintecare report.
• The Access and Inclusion Model Programme was recognised as a model of
good practice by the United Nations, and won a UN Zero Project Award
in February 2020.
• The NDA grant-funded a consortium of disability organisations to develop
a new and innovative set of online supports for employers to become
more inclusive in their recruitment and retention of employees with
disabilities. A number of employers in the public and private sector have
successfully piloted the supports.
• A number of actions from the NDIS were deemed to have been
successfully completed by their responsible bodies, and were therefore
removed from the Strategy following the mid-term review, although the
NDA advises the importance of considering what follow-on actions may
be relevant to build on this degree of progress.
Delays and areas requiring further focus in 2021
There were a number of areas where progress was slow or seemed to have
stalled in 2020. The NDA recognises that much of this can be attributed to the
pressures put on the resources of various Departments, as well as the national
restrictions put in place as a result of the COVID-19 pandemic. Some of the
areas the NDA advises will require greater focus to regain lost ground in 2021
include:
• Following the dissolution of the last Government, the Disability
(Miscellaneous Provisions) Bill lapsed, and has not yet been revived. This
Bill had contained several amendments to various legislative provisions
that are currently not in line with the UNCRPD. The NDA notes that
action to address this is progressing within DCEDIY during 2021 and looks
forward to seeing those areas critical to realisation of the goals of the
Convention addressed in due course.
• Despite the increase in funding received by the Decision Support Service
following Budget 2021, the Assisted Decision-Making (Capacity) Act 2015
10has not yet been fully commenced. Until this legislation is commenced and
implemented, Ireland’s existing practice around substitute decision-making
and wards of court will be deemed to be in contravention of Article 12 of
the UNCRPD.
• There has been a significant delay with the draft Mental Health
(Amendment) Bill 2017. This Bill seeks to implement many of the
recommendations contained in the Expert Group Review of the Mental
Health Act 2001, and would bring the legislation in line with both the
Assisted Decision-Making (Capacity) Act 2015 and the UNCRPD. The
NDA notes that the draft legislation is currently under review in the
Department of Health, and looks forward to the next steps in the
amendment process being progressed as soon as possible. The
Department of Health has also launched a public consultation, which will
provide an opportunity for stakeholder to inform the review prior to
publication of draft legislation to update the Mental Health Act.
• The first phase of the Personalised Budgets pilot was due to begin at the
end of 2019, with the second phase commencing in autumn 2020. The
pilot has suffered significant delays, which has in turn had an impact on the
NDA’s commitment to manage the evaluation of the project. The NDA
recognises that it has been challenging to progress delivery of person-
centred services in light of the pressures on the health and social care
system arising from COVID-19, but advises the importance of regaining
momentum on testing the models of personalised budgets at the earliest
opportunity.
• Following the mid-term review of the Strategy, two working groups were
established and convened through the Department of Justice, to explore
actions contained in the original Strategy: one on Assistive Technology and
the other on Transport. The NDA understands that the COVID-19
pandemic had an impact on both of these working groups, but looks
forward to them being reconvened through DCEDIY during 2021.
The NDA advises that, as well as addressing the areas that have encountered
significant delays as outlined above, the following should be given further focus
in 2021:
• The mid-term review of the NDIS introduced several new actions.
However, Departments and public bodies have not had much opportunity
to explore, commence and develop implementation of many of these
actions as a result of COVID-19. In light of the remaining timeframe for
11the NDIS, the NDA advises the importance of progressing attention to
these actions without further delay.
• Following the transposition of the EU Web Accessibility Directive and the
commencement of the Irish Sign Language Act 2017, efforts should now
turn to the implementation of both.
• While progress has been clear in respect of a number of actions, there are
concerns around both the slow pace and staggered implementation of
actions that are ‘shared’ between several different Departments. Progress
in relation to such actions is often measured differently by each
Department, and a recurring challenge is the lack of designated leadership
or a clear, collaborative method for implementation.
• Much attention will be given to the consultations being carried out in
respect of the State’s initial Report on its implementation of the
UNCRPD. It will also be important to give consideration to how feedback
and views received through consultation can be included or reflected in
the State Report.
• The current Strategy runs from 2017-2021. The NDA advises that it is
critical that early consideration is given to what its successor – and the
associated monitoring structures - will look like, in order to support a
seamless transition. 2
• While the Comprehensive Employment Strategy for People with
Disabilities runs until 2024, its second Action Plan comes to an end in
2021. The NDA advises the importance of timely consideration of the
development and adoption of its third and final Action Plan.
Monitoring cross-departmental actions and thematic approach
The varied nature of NDIS actions and how they are framed for delivery, and the
degree of cross-departmental dependency involved means that it is easier for
Departments to succinctly report progress on some actions than for others. This
is particularly the case in respect of actions that Departments have sole
responsibility for, as opposed to actions that are the responsibility of ‘all
departments and public bodies’.
2 In March 2021, Minister Rabbitte announced that the NDIS 2017-2021 would be extended for
an extra year, until the end of 2022. Despite this extension, the NDA continues to advise that
discussions around a successor and/or a UNCRPD Implementation Plan should commence at
the earliest opportunity.
12The NDA advises that, in 2021, mechanisms are developed by officials at
Departmental Disability Consultative Committee level and at the NDIS Steering
Group to find ways to support better focusing of attention on areas where either
little or no progress has been reported. The NDA notes the value of
Departmental Consultative Committees in the implementation, coordination and
reporting of NDIS actions, and particularly those actions where inter-
departmental or cross-departmental work is required to develop joined-up public
services. The NDA also notes the value of the membership of DSG
representatives, who ensure that departmental deliberations are informed by
persons with disabilities, who bring perspectives based on lived experience and
expertise to these meetings.
The NDA advises that membership of the Disability Consultative Committee
should include engagement from all relevant units of that Department and
agencies under its remit, as for example in the case of the Department of
Education DCC, where there is representation from units in the Department and
agencies such as NCSE, SOLAS, and the ETBI. Similarly, the NDA encourages
Departments to consider whether it would be relevant or appropriate to
broaden the membership of their DCCs to allow for representatives of other
disabilities organisations to participate, including representatives of Disabled
Persons’ Organisations. The establishment of new departments following a new
government in the summer of 2020 also requires that new DCCs are developed
in some departments. 3
In order to allow monitoring structures to effectively examine progress made in
respect of the NDIS actions, the NDA advises that DCEDIY compiles all new and
modified actions into one document, and moves completed actions to an
appendix of that document. The NDA also advises that DCEDIY could consider
reviewing the responsible bodies for relevant actions, following the various
transfers of functions that took place last year after the General Election, revising
the Strategy document to accurately reflect the new ‘owners’ of many of the
actions.
The NDA has previously advised that ‘thematic’ NDIS meetings may be one way
of achieving the required focus, as the thematic approach has the potential to
foster a greater degree of cross-sectoral understanding of some of the significant
3 The NDA notes that the new Department of Further and Higher Education, Research,
Innovation and Science has established a DCC, and that a new Chair has been appointed to the
Department of Justice DCC, following the transfer of functions (and several personnel) from
that Department to the Department of Children, Equality, Disability, Integration and Youth.
13developments of relevance to the NDIS. In particular, thematic meetings can
highlight:
• Which actions related to that theme within the NDIS are working well, and
any learning that can be applied elsewhere
• Which actions have not progressed as expected, why this is so and what plans
the Departments have to address same. These should ideally have been
discussed with the DCC prior to meetings of the NDIS
• The views of the group on what could be helpful to addressing any challenges
or delays that have arisen
The NDA advises that it would be helpful to use this approach for some NDIS
and / or Departmental Disability Consultative Committee meetings in 2021. 4 The
NDA has proposed the following themes for 2021, but advises that this advice
could be reviewed should any specific developments or emerging priorities
indicate same:
• Focused meeting on possible NDIS successors and/or UNCRPD
Implementation Plan
• Thematic meeting on NDIS mental health actions
• Thematic meeting on the new and modified actions contained in the Strategy
following its mid-term review
• Thematic meeting on employment (to coincide with the final year of the
second Comprehensive Employment Strategy Action Plan)
• Thematic meeting on person-centred disability services and inclusive
communities.
Summary of progress
The NDA welcomes certain milestones that were reached in 2020, despite the
challenges faced by all relevant parties as a result of COVID-19. Achievements
include the development of a comprehensive first draft of the UNCRPD State
Report, the drafting of which involved collaboration on the part of many
Departments and agencies. Similarly, the NDA welcomes the establishment of
the Disability Participation and Consultation Network, the development of a
public consultation process in respect of the State Report and the preparation by
civil society to commence drafting of a Shadow Report.
The NDA welcomes the transposition of the EU Web Accessibility Directive and
the commencement of the ISL Act, both of which will provide for improved
4 Most recently in an advice note sent to DCEDIY in December 2020.
14accessibility of communications for persons with disabilities. The NDA advises
that all relevant stakeholders work together to ensure effective implementation
of both. The NDA also welcomes the addition of new actions, designed to
increase access to justice for persons with disabilities.
Several reports and evaluations were published in 2020, including the FET-HE
Transitions Reform Sub-Group Working Paper; the Roadmap for Social Inclusion;
a new national Further Education and Training Strategy; a report on the Person-
Centred Planning Demonstration Projects; and Sport Ireland Guidelines to
support the return to sport and physical activity for persons with disabilities.
The new national mental health policy, Sharing the Vision- A Mental Health Policy
for Everyone, was launched in June 2020. Given that the NDIS contains several
actions on mental health, which cross a number of Departments, the NDA
advises that one NDISSG meeting in 2021 explores the theme of mental health
and features a comprehensive, holistic update on the current state of available
mental health services and support, provided by officials working directly in this
space.
The NDA congratulates all involved in the AIM Programme, which won a UN
Zero Project Award in February 2020. The NDA welcomes the extension of the
Pilot School Inclusion model for children with special educational and additional
care needs 20/21, and the relevant commitment in Budget 2021, which includes
funding for 60 additional therapists and 30 psychologists. The NDA also
welcomes the commitment made in February 2021 to extend the Ability
programme, which had been due to end in June 2021.
The NDA is concerned at the slow progress in respect of several NDIS
commitments, including commencement of the Assisted Decision-Making
(Capacity) Act 2015, amendment of the Mental Health Act 2001 and creation of
Protection of Liberty safeguards, and would encourage responsible bodies to
place a particular focus on progressing these actions in 2021.
The evaluation of the effectiveness of the Progressing Disability Services
Programme in meeting the needs of children with disabilities has not yet
commenced. Neither has the review of regulations for residential disability
services. The NDA advises that work on both of these projects is commenced
without further delay in 2021.
COVID-19 had a significant impact on the work of the Personalised Budgets
Demonstration Projects in 2020. A small number of participants had joined the
project pre-COVID-19, but recruitment was paused for much of 2020. The way
in which disability services are funded and organised has created many challenges
for the pilot, and the NDA advises that, following the pilot and evaluation,
15significant issues will need to be addressed if Personalised Budgets are to become
a mainstreamed option for persons with disabilities.
Another policy on which COVID-19 had a significant impact was Time to Move
On from Congregated Settings. The number of people who moved to new
homes in the community during 2020 is expected to be in the order of 120,
slightly under the target of 131. The NDA welcomes this degree of progress,
given the challenges faced by responsible bodies in 2020, but advises the
importance of continued focus in 2021.
The NDA notes that collaboration between Departments and between
Departments and external stakeholders remains strong, in spite of COVID-19
restrictions. The NDA welcomes the efforts of all NDISSG members to embrace
new ways of working, in order to both progress the actions committed to in the
NDIS and to monitor implementation of same.
Theme 1: Equality
The actions under this theme aim to ensure progress in relation to the rights of
persons with disabilities to access mainstream public services and of ensuring
persons with disabilities are recognised and treated equally before law, including
in relation to making decisions.
UN Convention on the Rights of Persons with Disabilities
A number of actions under this theme relate to the UN Convention on the
Rights of Persons with Disabilities (UNCRPD). Ratified by Ireland in 2018, the
UNCRPD promotes and protects the fundamental rights of persons with
disabilities on an equal basis with all other people. Ireland was due to submit its
initial State Report, documenting its progress in realising the rights contained in
the Convention, in 2020. However, the State sought an extension from the
Committee on the Rights of Persons with Disabilities (the Committee), due to
the impact of the COVID-19 pandemic on the State’s plans to conduct meaningful
consultation on the draft report. The extension was granted, and the State is now
on course to submit the State Report in Summer 2021.
All relevant Government Departments worked with the Department of Children,
Equality, Disability, Integration and Youth (DCEDIY) throughout 2020 to prepare
a draft State Report. DCEDIY, as the focal point and coordinating mechanism
under the UNCRPD, drafted the initial Report and sought feedback and
information from Departments. The draft State Report is currently out for public
consultation.
16A new action, added to the NDIS following the mid-term review, included a
commitment to establish a consultation and participation model, which will
facilitate participation by persons with disabilities in the policy development
process (Action 3C). This action has been completed, with the establishment of
the Disability Participation and Consultation Network (the Network). This three-
tier, funded Network brings together Disabled Persons’ Organisations, disability
organisations and individual with disabilities to provide a cohesive approach to
hearing the voices of persons with disabilities in respect of the development of
policy and legislation. The first task of the Network is to undertake a consultation
on the draft State Report. It is envisaged that the Network will, in time, act as a
resource for Departments to consult and engage with when they are developing
relevant policy and legislation.
In line with Action 2, the Programme for Government, published in October
2020, included a commitment to establish a Joint Oireachtas Committee on
Disability Matters, which considers all disability matters, including monitoring the
implementation of the UNCRPD. This Committee has met several times to date,
and has heard presentations from Minister Roderic O’Gorman, Minister of State
Anne Rabbitte and Minister of State Josepha Madigan, the NDA, the Irish Human
Rights and Equality Commission, and several disability organisations.
The NDA finalised its UNCRPD Mapping exercise in 2020, following consultation
with relevant departmental officials. This exercise mapped the extent to which
the actions committed to within the NDIS, as well as existing or planned relevant
legislation, national strategies, policies or programmes are aligned with the
associated UNCRPD articles. This process assisted in identifying gaps and areas
where there appears to be little or no legislation, policies or programmes in place
to address the intention of an individual Article, and where there is insufficient or
indeed no evidence of activity underway nor planned to address same. The
exercise was not intended to provide commentary on the efficacy of the various
items in realising the goals of the Convention, as this would be a separate
exercise requiring detailed consultation with persons with disabilities. The NDA
advises that DCEDIY’s public consultation plans for early 2021 will contribute to
developing this picture. The NDA also updated a legal analysis it had carried out
in 2012, which identified pieces of legislation that were not in line with the
UNCRPD. 5
In January 2020, NDA hosted a forum event with a number of representative
organisations in the disability sector. This was the second such event held, with
5 Both documents were shared with relevant Departments, with the mapping exercise also
circulated to NDISSG members in May 2020.
17the first taking place in June 2019. The purpose of each event was to hear from
representative organisations on their perceptions – and those of their members –
on how Ireland is implementing the UNCRPD. A report of this event was
circulated to relevant officials. Attendees comprised representatives of DPOs as
well as from other disability organisations.
An important part of the effective implementation of the UNCRPD is the
involvement of civil society, especially in respect of the drafting of a Shadow
Report. In 2020, the Irish Human Rights and Equality Commission (IHREC)
awarded funding from its Grants Scheme to the Disability Equality Specialist
Support Agency (DESSA) to finance the drafting of a Shadow Report by the
Disabled Persons’ Organisations Coalition. IHREC also awarded funding to
Inclusion Ireland to carry out work in respect of the participation of people with
intellectual disabilities in the shadow reporting of the UNCRPD. 6
While presenting to the Oireachtas Joint Committee on Disability Matters in
November 2020, Minister O’Gorman made two significant commitments in
respect of NDIS actions: that the Optional Protocol would be ratified once
Ireland’s first UNCRPD reporting cycle was completed (Action 3) and that a new
Disability (Miscellaneous Provisions) Bill would be drafted (Action 1). The
Disability (Miscellaneous Provisions) Bill 2016 which had contained amendments
to several pieces of legislation that are necessary to bring them in line with the
UNCRPD, lapsed in 2020, following the dissolution of the previous Government.
The NDA notes that action to address the lapsing of this important Bill has
commenced within DCEDIY (Action 1).
While there has been progress in one of the new actions added to the revised
Strategy, others remain unexplored and unimplemented. Actions 3B and 3C
oblige relevant Departments to develop an Implementation Plan to coordinate
implementation of the UNCRPD across Government, and flowing from that,
individual departmental plans, outlining how each Department will go about
embedding and implementing the Convention in their work. These actions are
timely additions to the Strategy, as the current NDIS has recently been extended
to end 2022, and discussions will soon turn to its successor. The NDA advises
that these actions are given priority in 2021, and form the basis of considerations
and discussions around the Government’s approach to a new Strategy.
Action 3D calls for the establishment of a new data strategy that can be used to
identify outcomes for persons with disabilities accessing services and
programmes. Work on this data strategy has not yet begun, although early
6 https://www.ihrec.ie/our-work/human-rights-and-equality-grants-scheme-2020/
18discussions between the NDA and DCEDIY on how they will approach this work
have been held. 7
Importantly, a number of the new actions (including Action 3A and 3D) name the
National Disability Inclusion Strategy Steering Group (NDISSG) as a Responsible
Body for the implementation of those actions. The NDISSG is made up of officials
from the relevant Departments, members of the Disability Stakeholders Group
and its independent Chair, and representatives of the NDA. It meets four times a
year, at meetings that are chaired by the Minister of State with responsibility for
Disability. Up until now, the NDISSG was a monitoring structure, which met to
assess the progress of the relevant Departments. The NDISSG has not yet had
the opportunity to discuss how it will go about acting as a Responsible Body, and
carrying out the actions in question, as opposed to monitoring them.
Assisted Decision-Making
The NDA notes that there was little progress reported on actions relevant to
the Assisted Decision Making (Capacity) Act of 2015 during 2020. The majority
of provisions under the 2015 Act have yet to be commenced (Action 4) and
while the Decision Support Service has been established (Action 5), it is not yet
operational, due to the delay in commencing the legislation. The NDA notes that
priority has been given within DCEDIY to drafting the amending legislation that is
necessary prior to commencing the parent legislation, and that that work has
recently begun, with the hope that the amending legislation will be enacted
before the end of 2021. This will then allow the DSS to commence operating in
early 2022. The NDA welcomes the additional budget granted to the DSS in
Budget 2021.
While Departments report that the obligation to embed a presumption of
capacity into the way services are delivered and designed (Action 6) is ‘on track’,
the NDA advises there is no clear method for monitoring this implementation
and associated impact. Until the Assisted Decision-Making (Capacity) Act 2015 is
commenced, there is no clear legal framework underpinning this action. The
same can be said for Action 9, which commits the DSS and the HSE to raise
awareness of the options of supported decision-making contained in the 2015
Act. However, it should be noted that, despite the non-commencement of the
legislation, both bodies are making great efforts to continue to raise awareness
and prepare for commencement. The Director of the DSS continued to meet
with many stakeholders during 2020, and the HSE has invested resources and
7 3A tasks DCEDIY, NDA and NDISSG with developing an implementation plan to coordinate
implementation of the UNCRPD. 3D tasks DCEDIY, NDA and NDISSG with developing a data
strategy to support the collection and use of data to identify outcomes for people with
disabilities when accessing services and programmes.
19time into creating regular and comprehensive education and training for
healthcare professionals on the legislation.
Protection of Liberty
Progress by the Department of Health on developing a new legislative basis for
deprivation of liberty/protection of liberty safeguards remains slow (Action 12).
This is a complex area and the Department of Health had previously considered
that progress was on track whereby consultation on the Heads of Bill took place
in 2018 and early 2019 and a consultation report on the draft heads of Bill was
published in 2019. However, in Quarter 4 of 2019 the Department of Health
briefed stakeholders that it was continuing to refine the draft Heads and was
working hard to resolve complicated policy issues that had arisen, especially in
light of the implications of what is known as the AC case in the Supreme Court.
In Q4 2019, the Department held a workshop, aimed at identifying types of
deprivations of liberty. Aside from a circulation of the discussion points from that
workshop, there was no update from the Department of Health on this matter in
2020. The NDA acknowledges that the area is extremely complex and that it is
imperative to get the legislative approach right. It also recognises that resources
were diverted from this work in 2020, as part of the response to COVID-19. The
NDA continues to advise the importance of increasing efforts to progress the
legislation at the earliest opportunity, noting that this area is one of significance in
relation to realisation of the goals of UNCRPD.
Safeguarding
The HSE completed and published its HSE Adult Safeguarding Policy (Action 10)
in 2019. The HSE has established an Implementation & Governance Group, which
will be responsible for overseeing the implementation of the policy. The ongoing
monitoring of the implementation and impact of same for persons with disabilities
will be important. The output of this Group may be impacted by work currently
underway in the Law Reform Commission. Following the introduction of a
Private Members Bill in 2017, entitled the Adult Safeguarding Bill, the Law Reform
Commission was tasked with carrying out further research on the topic of the
establishment of a regulatory framework for adult safeguarding. The Commission
held a public consultation in 2020 and is currently examining submissions it
received, alongside its own research, and will make recommendations in 2021.
According to the mid-term review of the NDIS Indicators, published by the NDA
in April 2020, there was an increase in the number of reported experiences of
discrimination suffered by persons with disabilities, the increase in the number of
people seeking advocacy support from the National Advocacy Service and the
increase in safeguarding concerns reported to the HSE’s Safeguarding and
Protection Teams between 2016 and 2018.
20Mental Health
In 2019, Draft Heads of Bill of legislation to amend the Mental Health Act 2001
were finalised and submitted to the Mental Health Commission for detailed
review (Action 13). This amending legislation seeks to align the Mental Health Act
2001 to the Assisted Decision-Making (Capacity) Act 2015, as well as taking
account of other recommendations made by an Expert Group tasked with
reviewing the mental health legislation. The NDA is concerned as to the progress
of this important piece of work, as, since 2019, there has been no update about
the draft Heads of Bill, nor the Mental Health Commission’s review of same,
although we note that a public consultation process is currently underway. 8 If the
Mental Health Act is not amended prior to the commencement of the Assisted
Decision-Making (Capacity) Act, there will be discrepancies in the ways in which
the individuals covered by the respective pieces of legislation are treated. The
NDA also emphasises the importance of a comprehensive public consultation on
the draft Heads of Bill; the lived experience of people who use mental health
services should help to develop the provisions of the amending legislation.
Access to Justice
Under the revised Strategy, the Government’s efforts to enhance access to
justice for persons with disabilities have been refreshed. An Interdepartmental
Group to examine issues relating to people with mental illness who come in
contact with the criminal justice system was established in 2012. The Group
comprised representatives of the Department of Justice and Equality, the
Department of Health, the Health Service Executive, the National Forensic
Mental Health Service, An Garda Síochána, the Office of the Director of Public
Prosecutions and the Irish Prison Service. It was tasked with examining the issue
of people with mental illness coming into the criminal justice system. It produced
two reports, in 2016 and 2018, both of which contained recommendations.
A modified action in the revised NDIS (Action 8) seeks to build on the work of
the Interdepartmental Group. Under the Programme for Government, a cross-
departmental and cross-agency taskforce was established to consider the mental
health and addiction challenges of those imprisoned and primary care support on
release. The terms of reference of this taskforce are currently under
development by the Department of Justice and Department of Health.
Three new actions on the topic of access to justice were added, and work has
commenced in relation to all of them. Action 18B obliges the Department of
8 The NDA welcomes the public consultation on the ongoing review of the Mental Health Act,
announced by the Minister of State with Responsibility for Mental Health and Older People on 1
March 2021. The NDA looks forward to the output of this process informing the amending
legislation.
21Justice to integrate a focus on the needs of persons with disabilities in its initiative
to enhance access to justice. Such initiatives include the implementation of the
recommendations made in the O’Malley review of protections for vulnerable
witnesses in the investigation and prosecution of sexual offences. Several sub-
groups have been established to implement the recommendations, and two of
them (the sub-group to establish a pilot scheme for intermediaries and the sub-
group to develop specialist training for legal professionals) will consider the needs
of persons with disabilities in the context of the criminal justice system.
Under Action 18C, the NDA committed to drafting an advice paper on the use
of intermediaries in the criminal justice system (Action 18C), which was
completed and delivered in 2020. This paper is now guiding the advice the NDA
is giving to the O’Malley sub-group tasked with establishing a pilot scheme for the
use of intermediaries.
The NDISSG has yet to receive an update on the progress of Action 18A from
the Responsible Body, which obliges the Policing Authority to monitor actions
taken by An Garda Síochána to ensure its services and information is accessible.
The NDA notes that An Garda Síochána has undertaken work in this respect, for
example piloting ISL interpretation services in two of its Garda stations. An
Garda Síochána has also established a Strategic Human Rights Advisory
Committee, at which it explores how to embed a culture of accessibility and
inclusivity in its work. An Garda Síochána and the University of Limerick have
collaborated to create a Level 8 module on Human Rights and Policing. The
module consists of a bespoke training programme for An Garda Síochána and has
been accredited by the University of Limerick. It is a co-curricular module,
involving Garda senior management and eight staff from the University of
Limerick. It is a 12-week programme and several of the topics included feature a
disability aspect. The module commenced in January 2021.
The Department of Justice and Equality carried out a public consultation in late
2019-early 2020, to gather information on hate speech in Ireland and to invite
suggestions regarding the review of the Prohibition of Incitement to Hatred Act
1989 (Action 25). The Department is also developing legislation on hate crime;
the Programme for Government commits to its introduction within 12 months of
the formation of Government. This legislation will create specific offences to
ensure that those who target victims because of their association with a
particular identity characteristic are identified as perpetrators of hate crime. This
legislation will be supported by training across the criminal justice system, as well
as victim supports.
22The Victims of Crime Directive was transposed in 2017, with the adoption of the
Criminal Justice (Victims of Crime) Act (Action 14). This action has been
removed from the revised Strategy, as it was deemed to have been completed.
The NDA dedicated its Annual Conference 2020 to the theme of Access to
Justice in the context of Article 13 of the UNCRPD. Aimed at the primary
audience of policy makers, the Conference explored access to justice for persons
with disabilities in respect of policing, the courts, prisons, and probation. It also
explored the area of supported decision-making and safeguarding, and youth
justice. The Conference showcased good practice from other jurisdictions and a
keynote speech from the former UN Special Rapporteur on the Rights of
Persons with Disabilities.
Intersectionality
Action 7, which speaks to proofing Government policies and programmes against
their potential impact on women with disabilities, has been removed. The
Department of Justice and Equality noted that, in the overall equality context, the
focus is now on the development of an integrated equality/poverty proofing
process that covers all nine equality grounds plus poverty. The Department
believed that, in light of this, and following consultation with the its Gender
Equality Division, it would be regressive to maintain separate guidelines for
disability impact, gender impact, and impact on women with disabilities. While the
NDA welcomes a streamlined approach to equality proofing, it believes that
there should be a recognition of the specific struggles different cohorts of
persons of disabilities experience, for example women, members of the Traveller
community, asylum seekers. An emphasis on intersectionality is evident in the
UNCRPD and should also be acknowledged in national policies and programmes.
Disability Awareness
Under Action 20, some Departments reported on activities around disability
awareness training for their staff. This includes the creation of new eLearning
modules and the hosting of once-off awareness-raising days on specific types of
disabilities.
The NDA funded a consortium of four disability organisations (Rehab Group,
AsIAm, Not so Different and Walk) to develop an e-learning module on Inclusive
Recruitment and Retention Practices for persons with disabilities (Article 117).
Materials were developed and piloted across a range of public and private sector
organisations, and the e-learning module was launched on International Day of
Persons with Disabilities, in December 2020. The module is hosted on the
website of AsIAm and in-person training is also an option.
In previous assessments, the NDA noted that the current format of reporting on
this action makes it difficult to assess the extent to which training is delivered and
23whether or not it is effective. The NDA reiterates its suggestion that it would be
helpful for Departments to report on the numbers of staff who receive disability
awareness training in 2021 as one means of indicating progress in this regard.
Accessibility
The EU Web Accessibility Directive was transposed by the Department of
Communications, Climate Action and Environment in September 2020 (Action
23). The European Union (Accessibility of Websites and Mobile Applications of
Public Sector Bodies) Regulations 2020 requires public bodies to ensure their
websites and mobile applications are accessible to persons with disabilities. The
NDA will have a role in the monitoring and reporting of this requirement. The
NDA has also conducted research into the training needs of IT professionals on
Universal Design and accessibility. On foot of this research, NDA collaborated
with the Irish Computer Society (ICS) to support and develop a programme of
Continuous Professional Development training. The delivery of CPD training by
the ICS is underway. However, uptake has been impacted by the delay in the
transposition of the Directive and the general lack of awareness within the public
sector. Several deadlines introduced by the Directive have already passed, and
the NDA stresses the need for public bodes to prioritise the carrying out of their
responsibilities without delay.
Action 19 tasks the NDA with reviewing and monitoring progress by public
bodies against the Code of Practice on Accessible Services and Information. In
2020, a revised version of the Code of Practice was finalised and is currently
awaiting the Minister’s approval. The NDA’s Centre for Excellence in Universal
Design developed a national pilot in specific areas for the inclusion of accessibility
in public procurement as part of the Monitoring of Public Services under the
Code of Practice and a pilot of key indicators was commenced. This will be
completed by Q1 2021.
ISL
Following its enactment in 2017, the Irish Sign Language Act was commenced in
December 2020. The Act introduces a number of obligations for various public
bodies, including providing for the use of ISL in legal proceedings, making ISL
interpreting services available, establishing ISL interpreter registers and
introducing targets regarding the accessibility of television programming. The
NDA has been assigned a role to report on the implementation of the ISL Act by
public bodies. While some public sector organisations, such as An Garda
Síochána as mentioned above, carried out pilots to help them plan for how they
will meet their statutory duties under the 2017 Act, the NDA emphasises the
importance of all relevant public bodies examining how they will incorporate the
statutory duties under the 2017 Act into their model of service provision. Public
bodies must be aware of their responsibilities and obligations in this regard, and
24should look to those already carrying out pilots in order to learn from good
practice.
Relevant to the commencement of the Act is the modified Action 29 in the
revised NDIS. This action commits the Department of Social Protection to
providing further resources to the Sign Language Interpretation Service (SLIS) to
increase the number of trained Sign Language and Deaf interpreters, to put a
quality-assurance and registration scheme for interpreters in place and to provide
on-going professionals development. In this context, the Regulatory Centre for
Irish Sign Language Interpreters Ireland CLG established a national register and
quality assurance scheme for Irish Sign Language Interpreters in Ireland in 2020.
The Register of ISL Interpreters (RISLI), a voluntary, national, professional
register seeks to protect users of interpreting services through a standards-based
registration system; set and ensure adherence to standards for the provision of
ISL by public bodies; support public bodies to facilitate the use of professional ISL
services; and support professional ISL interpreters to meet and maintain
standards. The RISLI currently has 86 registered ISL interpreters, including five
registered Deaf interpreters. Deaf interpreters are Deaf or hard-of-hearing
professionals who possess fluency in ISL and an in-depth knowledge of Deaf
culture and the Deaf community. Deaf interpreters usually work alongside a
‘hearing’ interpreter colleague in situations where the Deaf client is not a native
user of ISL or has additional needs, or in a mental health setting. RISLI will publish
quarterly reports, which will include updates on the number of registered
interpreters and their activities.
Autism Plan
The National Autism Programme Board tasked with implementing the Autism
Plan (Action 21) paused its work in March 2020 due to the COVID-19 pandemic.
However, the communications strand of this work has recommenced and is
currently scoping the development of web-based information on available
services, and how to access them.
Voting
In 2020, the Department of Housing, Local Government and Heritage continued
work on an Electoral Reform Bill, and published the General Scheme of that Bill
in January 2021 (Action 29). The main reforms proposed under the Electoral
Reform Bill are to:
• Establish an statutory, independent Electoral Commission which is
accountable to the Oireachtas
• Modernise the electoral registration process
• Regulate online political advertising
25• Amend electoral law to assist in the holding of electoral events if Covid-19
restrictions are in place.
In early 2021, the Minister of State with responsibility for Disability, Anne
Rabbitte and the Minister of State with responsibility for Heritage and Electoral
Reform, Malcolm Noonan, met with members of the DSG and its independent
Chair to discuss the disability aspects of the Electoral Reform Bill. Minister
Noonan informed the group that the new Electoral Commission will have a set of
evolving capacities, including a research and advisory function. The research
division will be tasked with carrying out a review of the current postal voting
system. Persons with disabilities have reported barriers and inefficiencies with the
current system so the opportunity to reform this could have positive
implications. There is also a provision “giving the flexibility to returning officers to
provide a postal vote to those on the special voters list if nursing homes and
hospitals are inaccessible at the time of an electoral event” (for example, due to
COVID-19).
With respect to the modernisation of the electoral registration process, one of
the proposed reforms includes “the simplification of forms and the registration
process, including an online option, a rolling (continuously updated) register”
which may reduce some of the barriers faced by persons with disabilities when
registering. The NDA has previously advised that a Universal Design approach to
this process, and to the other activities of the new Electoral Commission, would
be relevant in this regard.
COVID-19 impact
Several responsible bodies have reported delays in respect of actions as a result
of the COVID-19 pandemic. This includes the roll-out of a ‘reform and culture
change’ programme by the Department of Health and the HSE (Action 11), which
has seen the remaining 3 modules in the programme suspended until participants
can re-engage. It also includes work to include commitments in strategy
statements and business plans to ensure compliance with Part 3 of the Disability
Act (Action 24) and work to bring buildings into compliance with revised Part M
regulations (Action 25). The NDA looks forward to renewed focus in these areas
in 2021, once COVID-19 restrictions begin to ease.
Theme 2: Joined up policies and public services
The actions under this theme relate to the areas that particularly require
Government Departments and State agencies to work together to provide public
services in a way that meets the needs of persons with disabilities. This can entail
co-ordinated provision of access to supports from different sources, co-
operation to support effective, smooth and timely transitions and referrals
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